Don't you believe it!! I've had three entries on credit reports that have appeared from nowhere. Also I know that Eon report their accounts on Equifax so I'd be surprised if the other energy companies don't. look to see if there are any searches on your file. If someone looks at your records they leave a "footprint". If a debt collector does this then it says exactly that - enquiry by debt collector. i've been told - don't know how true this is - that a search by a debt collector stays on your record for six years!!!

Just wondered if there'd been any further developments in this case.

Also, it just occurred to me that the argument that the CRA's put forward that they don't hold the records for any defaults after they've disappeared from your accounts is ridiculous. I'm sure, like every other organisation, they are obliged to hold onto data for six years. Send them a SAR and you'll see what info they hold on you. They don't like fulfilling these and try to get away with sending you a credit report but stick to your guns. You'll have to send them £10 for the information. I've done this and I know that they keep information long after it's dropped off your credit files.

Barclays really do think they operate outside the rules - as others have commented. The argument they put forward that a default notice was issued but not actually enforced it is a red herring in my opinion. The ICO state that if you default on a credit agreement then the creditor should default the account after 3 months. Are Barclays seriously implying that this account has not been in default all these years? I had a similar experience with them. They applied a default to my credit reference accounts almost three years after I defaulted. When I complained (consistently over a period of 12 months to anyone who would listen), they agreed that this was a mistake and that they'd remove the default from my credit reference details. However, they then put an Arrangement to Pay on each of the credit reports. I eventually rang someone at Barclaycard and after looking into it - and following a threat that I would take it to the FO - they agreed that they'd made a mistake and removed them all. I also got a compensation payment from them as a "goodwill" gesture. Don't let them get away with this. What they have done is totally wrong and both the ICO and FO would back you up on this. And as the Brigadier rightly states, as the account defaulted in 2004, no-one can put anything at all on your credit records as 6 years has elapsed.

Thanks for your response DX100uk. First one relates to Lloyds TSB. SAR'd them in June 2012. Received a pile of papers at the beginning of October. They sent me details of a loan and credit card I have with them but no information at all on the current account with the large unpaid overdraft. I'm just writing to ask them them why not! Wanted to know if they are likely to come back to me and tell me they don't have to provide this information as the default was served almost 7 years ago. Also been paying a monthly amount to BLS since the beginning of 2006 - mostly a token payment of £1 but did pay £18 and £30 a month a certain times. I stopped payments in Aug 2012 when my SAR request timed-out. I've not re-started the payments. In addition, I've not received any statements from either Lloyds or BLS since April 2006 when it was passed to BLS. Second one related to Egg. I mentioned this in another post in answer to someone else experiencing problems with this bank - this is copied from that post: I'm also experiencing the same problems with Egg. I sent them a full SAR in June for two loans and a credit card. They sent me the same letter you received stating that they didn't have to send me an executed copy of the credit agreement for the credit card only as the account was closed. In fact all the account are closed as far as I'm aware! I'm sure this is their standard response to all SAR requests. The credit card debt was in fact incorporated into the second loan (as was the outstanding balance on the first loan and PPI). The second loan was taken out in 2005 after I called them to advise that I was struggling with payments of the first loan and credit card. They responded by pushing this loan on me which admittedly had a lower APR but was for £15,000 more than I already owed. Lots of issues here but the main point is that five months down the line, they have ignored all my follow-up requests regarding the SAR. To complicate things, the debt was allegedly sold to Apex in 2010 (defaulted in 2005). The first I knew about this was when Apex started chasing me. I paid Apex a token payment for a couple of years but have stopped now - this was before I'd read all the information about DCA's on this site. They sent me the "Assignment documentation" when I requested proof that they'd purchased it. This consisted of a dodgy letter on Egg letter-headed paper and a letter from them - both dated 2010. They are now threatening to go after a CCJ for non-payment. I sent them a full SAR request too on the basis that as they'd bought the debt, Egg would have passed all the paperwork onto them. Not the case apparently. They advised me that they were only given enough information to chase the debt - whatever that means! I've since sent them a CCA request but they've ignored this. I suppose the next step is to contact the ICO? I'm also considering a claim with the Financial Ombudsmanicon for mis-selling the loan (lots of reasons why I think this might be worth doing). Sue

Hi Brigadier, The point I'm still not clear about is.... I'm aware that banks have to keep details for six years. But, if it is over 6 years since the account was closed but there is still a debt outstanding that they're chasing, would they have to keep the details including statements of what the debt comprises? Also, if the second loan (a consolidation loan) defaulted over 6 years ago which, when taken out, compromised of a previous loan and credit card debt from 2001, would they still have to keep this information too? Can you see where I'm going with this? Technically, all these accounts are over 6 years old so are you saying that the bank does not keep anything that dates back further than 6 years? In which case, how can they prove that the debt exists and that the amount they are chasing is correct? Thanks.

Hello, A couple of questions: 1. How long do banks keep statements for bank accounts where the account is closed following Default but a debt is still outstanding from an overdraft? 2. If a consolidation loan taken out in 2005 (defaulted same year) replaces another loan and a credit card debt with the same company, will the bank have to produce details of all these accounts under a full SAR request? I've been through tons of posts on the forum but there is so much conflicting information, it's difficult to know what is the true position. Thanks in advance.

Hi Phil, I'm also experiencing the same problems with Egg. I sent them a full SAR in June for two loans and a credit card. They sent me the same letter you received stating that they didn't have to send me an executed copy of the credit agreement for the credit card only as the account was closed. In fact all the account are closed! I'm sure this is their standard response to all SAR requests. The credit card debt was in fact incorporated into the second loan (as was the outstanding balance on the first loan and PPI). The second loan was taken out in 2005 after I called them to advise that I was struggling with payments of the first loan and credit card. They responded by pushing this loan on me which admittedly had a lower APR but was for £15,000 more than I already owed. Lots of issues here but the main point is that five months down the line, they have ignored all my follow-up requests regarding the SAR. To complicate things, the debt was allegedly sold to Apex in 2010 (defaulted in 2005). The first I knew about this was when Apex started chasing me. I paid them a token payment for a couple of years but have stopped now - this was before I'd read all the information about DCA's on this site. I sent them a full SAR request too on the basis that as they'd bought the debt, Egg would have passed all the paperwork onto them. Not the case apparently. They advised me that they were only given enough information to chase the debt - whatever that means! I've since sent them a CCA request but they've ignored this. I suppose the next step is to contact the ICO? I'm also considering a claim with the Financial Ombudsman for mis-selling the loan (lots of reasons why I think this might be worth doing).

Thanks Slick Will bear in mind what you said. Good not to be too trusting as you say. Now to tackle problems with Egg/Apex.

You can't agree to a contract if you don't know the terms! I have also experienced situations like this in the past and it is so frustrating. As they actually stated that the "admin fee" was specifically for the tenancy agreement and credit checks then how can they not let you have sight of the Agreement before you have to sign it? As Mariner51 rightly points out, both parties to a contract should be able to negotiate the terms and if they are not agreeable then both parties should be able to walk away. When I was asked to see the Tenancy Agreement before renting a property not too long ago, the Agent actually told me they were unable to let me have sight of it because they'd be contravening the Data Protection Act!!! One of the very few times in my life when I was actually speechless!!! I'd also bet they didn't produce or ask you to sign a "contract" with them for the "non-refundable admin fee" - i.e. what was the fee for, were there any circumstances that could arise where it might be refundable - for instance, if the landlord decided not to let it to you for reasons other than a poor credit report, etc. I would tell them that you are not willing to sign the Tenancy Agreement until you have all the facts. If they are still being uncooperative then I think you will have to demand your £250 back and threaten to report to them to Trading Standards (reporting them to ARLA or any of the other organisations these agents align with is, in my opinion, and through my own experience, a complete waste of time). Even though this may mean losing the property you want, it's better to be clear about what you are committing yourself to now rather than when they start asking you for more money and making unreasonable demands further down the line.

Hi Slick132, No, she didn't. But, the compensation she mentioned was in my bank account the following day! I've also managed to get Lloyds TSB to remove an incorrect default notice from the CRA files and Eon a late payment entry which was down to them not collecting a D/D payment. This was as a result of being sure of my facts and persevering.

Hi All, RESULT!! Having followed advice to put everything in writing and not getting very far, I decided to try one last time to sort out the incorrect entry on my CRA files by phoning Barclaycard. I called and explained that I wanted to clarify a couple of points about my default and arrangement to pay so that I could explain the problem clearly to the ICO when I raised my claim. They immediately put me through to a manager who listed to my questions and then said she'd call me back. Less that two hours later, she called back. She was extremely apologetic about the way my complaint had been dealt with and agreed to remove the arrangement to pay entry from the CRA files immediately. Also as a "goodwill gesture" I've been offered a generous amount of compensation for my distress and inconvenience. Next step is to put in a claim for PPI and charges. There isn't anywhere on the copy of the application form that mentions PPI. It also clearly states on the computer printout I've been sent following my SAR request, that no insurance had been requested. When I've checked through the statements I've been sent, it seems Card Payment Protection was charged for four months, then there's a break of a couple of months before they started charging me for Accidental Death Cover. A couple of months later, they started charging me for PPI again! I'm also going to send a CCA request to see if I can get hold of the credit agreement. Will keep you informed! Sue

Hi Ros, Good luck!! They are obviously using this as a ploy to avoid dealing with the massive holes in the information they're providing under a SAR request. I'm now in the process of writing to the ICO to complain about their entries with the CRA's. At least that will give them something to think about. I've just been looking for a phone number to see if there is someone who can tell me how to get past the "phantom standard letter ticker" but haven't had much success Might also find an isolated spot and scream at the top of my voice to dispel some of the frustration I'm feeling.

I see what you mean. If you look at the copy of the application form they sent me there is no mention of PPI. I could argue for the refund on that basis alone couldn't I? Having said that, when I applied for the card I was self employed so maybe I submit that as a reason for a refund as well. I do have all the statements I need to reclaim PPI. However, the majority of the amount they charged me was for excessive charges - even after the account had supposedly been closed! I think, on reflection, that I should put in a court claim for both the PPI and court claim costs now. I'm also going to write to the ICO about the incorrect CRA entries. Thanks for your input slick132 and renagadeimp. It's good to get another opinion on things as you often end up getting bogged down in the mire and can't see the wood for the trees .

Hi renegadeimp They won't correspond with me! They've sent the same letter back four times. Not sure who to write to to get anywhere. Is there a formal template I could access and send? And who should I send it to if the Data Controller won't deal with it?

Hi there, Had some major financial problems in 2005 following a car accident and came to an arrangement to pay a token amount to Barclaycard (and others!) as I was sliding deeper and deeper into debt. Moved house a couple of times, but told them where I'd moved to. Didn't hear from them at all for quite some time. Then in 2007, they suddenly decided that I should be paying more so wrote to my old address to tell me this and of course the letters they claim to have sent never reached me. So, in 2007, Mercers, acting on Barclaycard's behalf defaulted me. I think I was paying £5 a month at this point - well below the minimum payment. At some point, they must have realised that I'd moved and Credit Solutions wrote to me. I called them and explained I was still struggling financially and would they let me continue to pay £5 a month - all I could afford at that time. They rejected this offer and then the serious pressure started. Four or five letters a week, constant phone calls. In desperation, I increased my payment to £30 per month. I then got in touch with CCCS who said I could only afford to pay them £11. They wouldn't accept this so kept on paying £30 for another year. In 2008, situation deteriorated further and after more advice from CCCS, told Credit Solutions I could only afford to pay them £1 a month again. They weren't happy but as I'd sent them letters from CCCS they had to accept this. End of 2011 - six years after my financial meltdown. I decided to check my credit files to see if other defaults have been taken off my records. Couldn't believe what I saw. Lots of mistakes by other creditors (to many to go into here!). I started doing some research and read hundreds of posts on here. I realised that Barclaycard should have defaulted me earlier and that if I could get them to accept this then at least that would be one less default to worry about and it should disappear from my records. Many letters passed between us (Barclaycard and myself) and eventually they decided as a "goodwill gesture" that they would ask the CRA's to remove the default because of the time that ahd elapsed and instead ask them to record an "Arrangement to pay" - which incidentally is still £1 a month (times are still hard!). After reading lots of posts about this on this forum, I knew this was not right. They won't have it and neither will the CRA's. So, looking at a couple of old statements, I realised that I had a number of excessive charges and PPI. Didn't have a full set though so decided to sent a SAR on 18 June 2012. I finally received a pile of papers from them on 31 August 2012 (after a couple of delaying tactics). It had been sent by recorded delivery (all correspondence I've had from them I've sent by recorded delivery too). The letter with the documents was dated 7 August so I've no idea why it took over 3 further weeks to reach me! The documents included an application form - which I think they're claiming is a credit agreement (see below - sorry for quality but scanner broken so I photographed it!), various copies of recent letters and a large computer printout headed "Data Protection Act Reporting" together with a fairly large pile of printed pages headed, "Complaint Management System" (which very neatly describes how they goofed in issuing the Default) . The document I've attached below is a letter I sent to them in August which explains all the queries I have. Despite sending this to them four times now, each time by recorded delivery, they've returned it to me with one of their standard letters. The first time because they said they couldn't locate my account - despite already having written to me. I tried ringing them to change my address but in the end I had to go into my local Barclays branch who were very helpful and astounded at the attitude of the staff in the Recoveries Department! The second and third time they returned it, they gave the reason as "There is no £10 admin cheque provided." Both times I replied giving them details of the cheque number and when it had cleared through my bank. The final time it was returned was this morning. The reason given this time... "A SAR request has already been completed within the last six months in relation to the account(s) provided and the data sent directly to the customer." They're obviously playing silly b****s! In the meantime, I received a letter from them dated 11 September 2012, advising me that, "Your account has now been passed to Allied International Credit (UK) to manage collection on your account." The letter goes on to provide Allied's address , phone numbers and opening hours. It then goes on to say, "We will no longer accept any communication from you." When I sent the above letter for the third time to the Data Controller, I sent a covering letter politely telling them that Alexandra Regan, their Senior Collections Manager (the name at the bottom of this letter) is obviously unaware that they can't transfer my account to anyone whilst there is a dispute on it and that maybe she should be advised of this. They returned this letter too! I have to say that their capacity for breaking the rules is almost as impressive as LLoyds, Egg and M & S (yes, three more account problems I have to address!) So what next? 1. No executed copy of a CCA (document they sent me attached) 2. "Goodwill gesture" to remove faulty Default from my credit records. However, their actions suggest that they are trying to wipe the slate clean as far as the Default is concerned by asking the CRA's to publish an Arrangement to Pay on the account to go back to October 2005. Two problems with this as far as I can see. They closed my account apparently in April 2006 and have been demanding full payment of the outstanding balance since mid-2007. Surely they can't do this without notice and issuing a default notice? In any event, there is no arrangement to pay as I stopped paying them in August 2012! 3. They have ignored my complaints about the PPI and excessive charges 4. Both Noddle and Experian refuse to remove the Arrangement to Pay from my records as, "Barclays have advised us that the entry is correct." My instinct is to ignore them now and see if they take me to court. I will have plenty of ammunition if they do. On the other hand, the entries for the "Arrangement to Pay" needs to be removed from my credit records sooner rather than later for obvious reasons. All offers of advice will be gratefully accepted.[ATTACH]38590[/ATTACH][ATTACH]38591[/ATTACH] Kind regards Sue

Hi Magda, No, they didn't write to me in 2009. The last correspondence I received from them was December 2008 when they sent the last of their three default notices. They sent this as a response to a "request to write-off letter" at a time when I was caring full time for my terminally ill mother and was suffering from clinical depression. Sympathy and underdstanding must not feature very high in their training! I'm sending my ICO complaint form off today with all my documentation and will then wait to hear from them. I'm also going to write to each of the credit agencies asking them to put a Notice of Correction on their records stating, "The accuracy of this information is under query by the data subject and has been referred to the ICO for guidance and/or disciplinary action." I'm also writing to Lloyds again to inform them of the action I've taken. You never know... this might make them take action Good luck with your complaint! Regards Sue

I've read this thread with interest. I'm also a "victim" of LloydsTSB's underhand practices. I received a default from them in November 2005 after contacting the CAB for help. The CAB wrote to them explaining that I was experiencing financial difficulties and asking them to agree to a token payment of £1 per month. They wrote to the CAB turning down this offer (I owed them around £6500 at this point and my arrears were around £250). LTSB refused to accept this and stated that they would be issuing a default notice and would then pass the account to their relevant department. I was advised not to pay anything until this process was completed. I then received a letter from LTSB's solicitors stating that although they'd served a default notice, I had still not brought my account up to date and they threatened legal action.They said LTSB had closed the account and that I should send the cut up my credit card and send it to the bank - which I did. I then agreed to pay them £5 a month which was arranged through the CAB and they froze my account (didn't charge any more interest). Skip forward 2 years to 2007 and they issued another default notice. Skip forward another two years to 2009 and they issued another default notice. During this time my payments ranged from £1 to £30 a month (£30 was only for a couple of months after pressure from Credit Solutions who'd inherited the account) and I paid whatever was agreed each month without missing any payments. At this point I didn't know that they weren't able to issue more than one default. I recently sent for a credit report and discovered that the only default recorded is the one they served in 2009. I called LTSB three times to query this and was told that if the default was not registered with the credit agencies then it wasn't valid. It seems that neither the 2005 or the the 2007 defaults were registered for some reason. They asked why I hadn't contacted them in 2005 and 2007 when the defaults didn't appear on my credit reports. I told them that I hadn't checked my reports so wasn't aware of this. I was then told that I was told that it was my responsibility to regularly check my credit files and that it was also my responsibility to have informed the bank that they had failed to register the defaults in 2005 and 2007. I told them that I was certain that no such requirement was set out in my credit agreement for this account. I've kept every bit of correspondence I've received from them so have all the default notices, solicitors letters etc. I wrote to Lloyds at the beginning of January after failing to receive a promised letter from them. They've not yet responded. I've also written to Experian, Callcredit and Equifax sending them all the documents and asking them to amend their incorrect records. I've now received responses from all the agencies stating that they've been in touch with LTSB and the information they hold is correct. I'm now raising a complaint with the ICO. I totally agree with all the posts here. The situation is very frustrating and completely unacceptable. Maybe we should all inundate the same court with claims of infringement of the ICO guidelines requesting significant damages from Lloyds and the Agencies.

Hi there, I'm a newbie struggling with unfair bank charges and renault finance. I'm assuming there was a post before the first one in this thread but can't find it. Am I also to assume that the charges applied by people like Renault Finance are also under the spotlight as they are totally outrageous? This is going to be a little long I'm afraid. Because of disputed bank charges (A&L have taken almost £300 off me in charges since the beginning of June - a snowballing effect!) I was not sure that I would be able to pay the DD to renault at the end of June. I therefore called the bank and cancelled the DD. They said I'd not given them enough notice and that the DD was likely to go through. It did and they charged my £34 (A&L) for their trouble. They did refund this three days later but in the meantime, because they'd taken this amount int the first place, another two DD's bounced and they charged me a further two £34 unpaid DD charges. I called Renault and explained the situation but because I hadn't called them 5 days earlier then they said that even if I paid the amount due on the correct date - 30 June- I would still incur a £25 charge for late payment. I argued that this couldn't be the case as I was paying the amount by debit card on time but apparently they said they can. In any event, because of the snowballing of the bank charges, the bank refused the debit card payment. As you're probably aware, A&L operate a delayed internet service so you never ever get to see the true situation as they only update every 24 hours. I wasn't aware that they had refused the debit card payment until a couple of days later. I'm now not able to pay it because of all the bank charges. But, since the 30th June, my due date, Renault have added on £50 plus interest as the payment is now 10 days late. Another £25 will go on if I don't pay the full amount by next week. Am I able to dispute these charges? They are not the first charges I've paid like this but hadn't thought I was able to dispute them before. I have written to A&L to ask for all my charges to be refunded but they are refusing. I'm now going to threaten them with court action and see if that changes their stance. I don't have another bank account so maybe I should open one before I send that letter off to them. My credit rating is poor as I've been having a run of bad luck (this post is already long enough ). Any thoughts?